Diaz Law Firm

Divorce
Child Custody
Child Support
Adoptions

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- Attorney Manuel Diaz

Family Law Attorneys in Texas

Choose Manuel Diaz Law to Fight For You in your Family Law Case

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Family legal issues can be stressful, putting a strain on relationships and resources. From divorce to property division and parental rights, legal issues can have lasting and serious consequences for you and your family.

At Diaz Law Firm our Texas-based legal team is caring, compassionate and dedicated to helping you achieve the best possible outcomes for your family, both in and out of court. We know what it takes to win, and have the experience you need in your corner during these trying times.

Call or reach out today for a free, no-obligation consultation and to find out why so many families and clients trust us to fight for their rights.

Texas Family Law Services

Our firm has a depth of experience and a demonstrated track record of expertly handling a myriad of family legal issues. From simple clear cut issues, to complex situations requiring unique approaches and outside-the-box solutions, our team is ready and eager to help.

Family law in Texas is both nuanced and complex, with a seemingly simple issue involving a range of laws and required processes and paperwork. Even small errors can result in dire consequences for your case.

When dealing with any family legal matter, seeking out support and representation from an experienced law firm that is familiar with the nuances and intricacies of Texas family law is critical. Reach out today and let us make sure your rights and best interests are looked after. We represent the following types of Family Law cases:

FAMILY LAW PRACTICE AREAS

DIVORCE

CHILD SUPPORT

DIVORCE

The number of laws and processes involved in getting divorced in Texas is as big as the Long Horn State itself. From mutually agreeable and non-contested divorces, to embroiled battles over dividing up assets, our team is ready to help you find the right solutions and ensure your best interests are always being looked out for. We provide aggressive yet compassionate divorce representation that gets results for you and your family.

For most couples, ending a marriage is a complex process that requires them to equitably divide their property, financial assets, debts and parenting responsibilities. When you are going through a process that touches so many important areas of your life, it is critical that you have a knowledgeable counselor by your side.

The Divorce Process in Texas:

Texas Family Law Attorneys

Our firm has extensive experience helping our clients obtain favorable outcomes for what is often a sad and difficult time in their lives. We can help you with a myriad of legal issues surrounding divorce including but not limited to:

  • Planning for a divorce
  • Uncontested and contested divorce cases
  • High profile divorces
  • Military divorces
  • Spousal support/alimony issues
  • Changing your name
  • Pursuing mediated settlements
  • Division of assets/asset protection
  • And more…

Whether you are filing for divorce or your spouse has already filed for divorce, you need the expertise and personal attention of a divorce lawyer who not only understands the complexities of family law and the court process, but who also appreciates the significant impact this event will have on your life. Contact us at 855-900-3429 for a FREE consultation

CHILD SUPPORT

Child support is determined by the courts and is made in the form of a set monthly payment paid by the non-custodial parent to the custodial parent. Child support orders are designed to aid the custodial parent financially with the costs of raising the child. It also ensures the non-custodial parent is carrying out their financial duties to the child.

How is Child Support Calculated in Texas?

Calculation of child support in Texas is made at the court’s discretion, taking into consideration a number of factors such as:

  • Salary, wages and other income
  • Receipt of government benefits
  • Retirement benefits
  • Severance pay
  • Alimony, prizes, gifts or other costs

Upon making a determination, the court will designate a percentage of income that is required to be paid monthly as child support to the custodial parent.

The Following is Typical in Texas:

  • 20% of net financial resources monthly for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • With 5 or more children commanding 40% or more

Contesting Child Support Orders in Texas

In some cases, one or both parents may not agree with the court’s determination regarding child support. Although the court order is legally binding, either parent has a right to contest a child support order in Texas. We can help challenge the order and advocate on your behalf to ensure your child’s best interests are at the forefront of every court decision. Contact our firm today for a free consultation.

CHILD CUSTODY

ADOPTION

CHILD CUSTODY

The process of determining child custody cases in Texas can be an emotional, confusing and stressful experience for any parent or guardian to go through. Our team of compassionate and dedicated attorneys can help you navigate these waters and can act as a support system for you and your family at every step of the way.

As a family-oriented team, we know first-hand how important it is to ensure your children’s interests are at the forefront of any legal issues or proceedings you may be involved in. Our experienced team is ready to advocate and fight to ensure your child’s safety and your parental rights are protected.

Under Texas Statutes, Family Code, Chapter 153, the court presumes joint managing conservators (i.e. joint custody) as the preferential outcome so that the child may maintain a meaningful relationship with both parents. However, the court also is under obligation to take the best interests of your children in mind in its decision.

Types of Custody Include:

  • Joint
  • Sole
  • Shared
  • Split Custody

Determining Child Custody in Texas

Custody battles are often contentious and complex, with the court taking into consideration a number of factors when making a determination.

Aspects the court may consider include:

  • Expressed wishes of the child
  • The child’s current and future physical and emotional needs
  • Any potential current or future physical or emotional dangers
  • The ability of each parent to adequately “parent” the child
  • The availability of programs designed to aid the parent in promoting the best interests of the child
  • Each parents’ respective “Plans” for the child
  • The stability of each home
  • Any acts or omissions made by either parent that may indicate unfitness
  • And more…

Hire Diaz Law Firm and let our team of talented legal minds and staunch advocates ensure you are positioned in the best light and well-represented. Contact our firm today for a free consultation.

ADOPTION

The adoption of a child is one of the most rewarding and fulfilling moments an individual can experience. But there are quite a few steps between wanting to adopt and becoming a child’s legal guardian.  

Adoptions in Texas are guided by a number of state and federal regulations and laws. These laws apply to both prospective adopting families as well as the birth parents.

The process is wrought with red tape and paperwork that needs to be filed correctly, efficiently, and on time with the right organization and departments. As such, the process can be stressful for many adoptive parents. However, you don’t have to go at this alone. We can assist at every step of the process leading to successful adoption.

Let us handle the legal complexity and steps required for adoption. Our attorneys have helped couples expand their growing family and provide a loving and caring home for an adopted child.

Types of Adoption in Texas:

  • Adoption by stepparents
  • International adoptions
  • State (or interstate) adoptions
  • Adoption of a foster child
  • Infant adoption
  • Adoption of a relative
  • Same-sex adoptions

Legal Issues when Adopting a Child In Texas:

  • In what way will the biological parent’s rights will cease
  • When will the biological parent’s rights end
  • Where and when is it appropriate to file for adoption
  • What expenses you may legally pay to the birth mother
  • Interstate complexities if the child was born in a state other than Texas
  • Understanding your rights and obligations throughout the process
  • What happens if the biological parent(s) have second thoughts or back out?
  • What if the biological parents try to attempt contact with the child later on in life?
  • Can the biological parents later petition for rights?
  • What types of safeguards need to be in place

Establishing an Adoption Strategy

Creating an adoption strategy tailored to your unique circumstances can help make the process smoother, set proper expectations, identify milestones and goals, improve the efficiency of moving through the steps in a stress-free manner and more.

We know that the adoption process can be both overwhelming and intimidating to tackle on your own, which is why we take the time to walk you through start to finish, step by step. Contact our firm today for a free consultation.

You may file for divorce under the following grounds:

  • Insupportability – in legal terms, a “conflict or discord of personalities” such that it prevents any potential for a “reasonable expectation of reconciliation”.
  • Living Apart – defined as living separately in the absence of cohabitation for a period of three years or longer.
  • Confinement in a Mental Hospital for a minimum of three years and that the mental disorder requiring such hospitalization is of a nature and degree that adjustment is unlikely or that relapse is probable.
  • Cruelty, adultery or conviction of a felony
  • Abandonment – requiring that one spouse left the other with the intention of abandonment and remained absent for a minimum of one year

Texas courts tend to favor arrangements that involve joint custody, often with one parent awarded primary physical custody and the other parent awarded visitation/parenting time and typically ordered to pay child support.

The Family Code of Texas is used by the court to determine child custody arrangements. Depending on certain factors, including (but not exclusive of) both parents’ finances, ages of children, health, etc., legal rights and responsibilities will be determined for both parents, including:

  • Where the child will live the majority of the time (primary residential/physical custody)
  • Making decisions regarding education, medical care, religion (legal custody)

Physical custody legally refers to “possession”. A parent in Texas who has “physical custody” is said to be the possessory conservator and the child resides with that parent. Legal custody refers to the parental rights the parent(s) have with regards to raising the child and making decisions that impact the child’s day to day upbringing (i.e. the religion they are exposed to, medical treatments, where they go to school, etc.).

Calculation of child support in Texas is made at the court’s discretion, taking into consideration a number of factors such as:

  • Salary, wages and other income
  • Receipt of government benefits
  • Retirement benefits
  • Severance pay
  • Alimony, prizes, gifts or other costs

Upon making a determination, the court will designate a percentage of income that is required to be paid monthly as child support to the custodial parent.

The Following is Typical in Texas:

  • 20% of net financial resources monthly for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • With 5 or more children commanding 40% or more

There are additional factors that the court may consider when determining child support payments, based on the guidelines in Family Code Chapter 154.123. Some of the other factors the judge may consider include:

  • The child’s age and needs
  • The ability of both parents to financially support the child
  • Any financial resources that are available to support the child
  • Each parent’s amount of time spent with and access to the child
  • The cost of child care expenses incurred by either parent in order to maintain employment
  • Whether either parent has physical custody of another child
  • The amount of alimony or spousal support being paid or received by either parent

In some cases, one or both parents may not agree with the court’s determination regarding child support. Although the court order is legally binding, either parent has a right to contest a child support order in Texas. We can help challenge the order and advocate on your behalf to ensure your child’s best interests are at the forefront of every court decision.

An adoption is a court order in which the rights of the parents are transferred from the natural or birth parents to the adoptive parents. Once the adoption is finalized, the adoptive parents become legally responsible for the adopted child as if it were a biological child.

The adoption process in Texas consists of the following steps:

  • Pre-adoption home evaluation
  • Termination of paternity rights
  • Final adoption.

Texas Family Law Attorneys - Work with Us Today

Call or message today for a free, no-obligation initial consultation and to see if we’re the right fit to represent you and your family.

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